Bill Text: MI HB4628 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Family law; marriage and divorce; notary public to perform marriage ceremonies; allow. Amends sec. 7 of 1846 RS 83 (MCL 551.7).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-30 - Printed Bill Filed 04/26/2013 [HB4628 Detail]

Download: Michigan-2013-HB4628-Introduced.html

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HOUSE BILL No. 4628

 

April 25, 2013, Introduced by Rep. Barnett and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1846 RS 83, entitled

 

"Of marriage and the solemnization thereof,"

 

by amending section 7 (MCL 551.7), as amended by 2012 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) Marriages may be solemnized by any of the

 

following:

 

     (a) A judge of the district court, anywhere in this state.

 

     (b) A district court magistrate, anywhere in this state.

 

     (c) A municipal judge, in the city in which the judge is

 

serving or in a township over which a municipal court has

 

jurisdiction under section 9928 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.9928.

 

     (d) A judge of probate, anywhere in this state.

 

     (e) A judge of a federal court.

 

     (f) A mayor of a city, anywhere in a county in which that city

 

is located.

 

     (g) A county clerk in the county in which the clerk serves, or

 

in another county with the written authorization of the clerk of

 

the other county.

 

     (h) For a county having more than 2,000,000 inhabitants, an

 

employee of the county clerk's office designated by the county

 

clerk, in the county in which the clerk serves.

 

     (i) A minister of the gospel or cleric or religious

 

practitioner, anywhere in this state, if the minister or cleric or

 

religious practitioner is ordained or authorized to solemnize

 

marriages according to the usages of the denomination.

 

     (j) A minister of the gospel or cleric or religious

 

practitioner, anywhere in this state, if the minister or cleric or

 

religious practitioner is not a resident of this state but is

 

authorized to solemnize marriages under the laws of the state in

 

which the minister or cleric or religious practitioner resides.

 

     (k) A notary public, anywhere in this state.

 

     (2) A person authorized by this act to solemnize a marriage

 

shall keep proper records and return licenses and certificates as

 

required by section 4 of 1887 PA 128, MCL 551.104.

 

     (3) If a mayor of a city solemnizes a marriage, the mayor

 

shall charge and collect a fee to be determined by the council of

 

that city, which shall be paid to the city treasurer and deposited

 

in the general fund of the city at the end of the month.

 

     (4) If the county clerk or, in a county having more than

 

2,000,000 inhabitants, an employee of the clerk's office designated

 

by the county clerk solemnizes a marriage, the county clerk shall

 

charge and collect a fee to be determined by the commissioners of

 

the county in which the clerk serves. The fee shall be paid to the

 

treasurer for the county in which the clerk serves and deposited in

 

the general fund of that county at the end of the month.

 

     (5) If a notary public solemnizes a marriage, the notary

 

public may charge and collect a reasonable fee for providing the

 

service. The notary public may retain any fee he or she collects

 

for solemnizing a marriage.